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Whistleblowing in the COVID Era - Confidentiality
Shoosmiths LLP, October 2021

In our fourth article on whistleblowing claims we focus on the need, in sensitive situations where concerns of serious (and perhaps even criminal) wrongdoing are raised, for the complaint to be dealt with confidentially and/or anonymously where possible...

Visit Visas for Short-Term Work
Shepherd and Wedderburn LLP, October 2021

British businesses have long relied on temporary labour from the European Union to service short or medium-term projects. From an immigration perspective, prior to Brexit this relationship used to be frictionless. There was no red tape and no need to worry about what was or was not permitted under the UK’s immigration rules and policies. People arrived, people worked, people left and businesses were happy...

Cambodia: Increase in Minimum Wage for 2022 – Garment, Textile, Footwear, Travel Product & Bag Sectors
DFDL, October 2021

On 28 September 2021, the Ministry of Labour and Vocational Training (“MLVT”) issued Prakas 264 on the Determination of Minimum Wage for Workers in the Garment, Textile, Footwear, Travel Product and Bag Sectors (“Prakas 264”), to set new minimum wage for 2022, which will be effective from 1 January 2022. Under Prakas 264, workers in the relevant sectors will be entitled to the following new minimum wage: For regular workers, USD 194 per month...

Important aspects in recruitment and selection processes
Consortium Legal - El Salvador, October 2021

Regional Labor Team   The recruitment and selection process is critical for companies and certain principles related to the dignity of the human person must be respected during its execution...

HIPAA Compliance Guidelines for Remote Workers
Buchalter, October 2021

October 6, 2021 By: Jennifer Guerrero While a remote work environment can provide many benefits to all of the parties involved, it also can present significant challenges for organizations that need to remain Healthcare Insurance Portability and Accountability Act (HIPAA) and Health Information Technology for Economic and Clinical Health Act (HITECH) compliant...

Guernsey discrimination law update: Where are we now?
Carey Olsen, October 2021

We are often asked to opine on the status of anti-discrimination law on the island, as many believe that it does not exist. In fact it does exist, albeit to a limited extent: The Sex Discrimination (Employment) (Guernsey) Ordinance 2005 renders it unlawful for employers to discriminate against employees and job applicants on grounds of sex, marriage or gender reassignment...

Can we vaccinate? Yes, we can.
MinterEllisonRuddWatts, October 2021

COVID-19 vaccinations are now on the list of topics to avoid at dinner parties (which are still virtual for those of us in Auckland). Globally, we have seen COVID-19 vaccinations create mixed emotions around civic responsibilities and bodily autonomy, and spark protests in breach of many “stay at home” orders...

End of the Coronavirus Job Retention Scheme – considerations for employers
Shepherd and Wedderburn LLP, October 2021

Covering employee wages since 1 March 2020, the Coronavirus Job Retention Scheme ("furlough") is set to end on 30 September 2021, with a deadline for final claims to be made by 14 October 2021. Employers still using the scheme should be engaging with employees about its end, and may now need to make some tough decisions that have been postponed while furlough continued...

Employer’s failure to consider flexible working has costly consequences
Shoosmiths LLP, October 2021

The shift to flexible working has never been more pronounced than now as we make a steady return to the workplace following the pandemic. National headlines recently highlighted the risk for employers of failing to properly consider requests for flexible working. The case of Thompson v Scancrown Ltd t/a Manors resulted in the claimant, Mrs Thompson, being awarded just over £180,000 for indirect discrimination following the rejection of her flexible working request...

Temporary measures to be introduced to tackle worker shortages
Shoosmiths LLP, October 2021

The government has announced a series of measures to tackle ongoing shortages of heavy goods vehicle (HGV) drivers and poultry workers in the UK. This includes relaxing immigration rules to offer over 10,000 temporary visas in the run up to Christmas. Brexit, the Coronavirus pandemic, tax changes and additional factors such as an ageing workforce have all contributed to a shortage of food processing workers and HGV drivers in the United Kingdom...

‘Generation Work from Home’ – the impact of default flexible working
Shoosmiths LLP, September 2021

The UK government has announced proposals to make flexible working requests a ‘day one’ right for employees, as part of reforms to the Flexible Working Regulations 2014. Over the past 18 months, the pandemic has been a catalyst for increased flexible working. Although this has meant ‘working from home’ for most, flexible work can include other arrangements such as flexitime, job-sharing, condensed hours and part-time work...

How not to treat pregnant workers and maternity leave returners
Shoosmiths LLP, September 2021

Recent cases provide a timely reminder that employers still make costly slip-ups when managing pregnant workers and those returning from maternity leave. We highlight some useful lessons from those cases on how to avoid discrimination claims. When a worker announces their pregnancy to their employer, the employer becomes subject to additional obligations until the end of the protected period when the worker returns from maternity leave...

Cambodia: 2022 Foreign Employee Quota Application Window Now Open
DFDL, September 2021

The window to apply for the 2022 foreign employee quota is open until the end of November 2021. Enterprises employing or intending to employ foreign employees in 2022 are required to apply for a foreign employee quota from the Ministry of Labour and Vocational Training (“MLVT”)...

Summary of New Guidance on COVID-19 Vaccine Mandate
Schwabe, Williamson & Wyatt, September 2021

Summary On September 9, 2021, President Biden issued his Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “Executive Order”) that, when implemented, will require most federal contractors to comply with all guidance for federal contractor and subcontractor workplace locations published by the Safer Federal Workforce Task Force (see www.saferfederalworkforce.gov)...

Employment essentials explained – Disability & Long COVID
Shoosmiths LLP, September 2021

As many of us continue to work from home and/or have opportunities for travel and meeting up restricted, we are continuing to run our essential webinar series for employers to ensure that our clients and contacts remain up to date and equipped to deal with all eventualities! Our latest seminar focused on disability and Long COVID...

Digest of key judgments concerning the conduct of internal investigations in Russia
ALRUD Law Firm, September 2021

Please find, herein, the latest up-to-date digest of the most significant court decisions, concerning the conducting of internal investigations and the subsequent bringing of employees to disciplinary and material liability. Here are the key decisions of the Higher Courts of the Russian Federation, as well as precedents of regional judicial authorities, over the 2018 – 2021 period. 1...

Labour Litigation Guide
ALRUD Law Firm, September 2021

Below, you will find some practical solutions to prepare you for the labour litigation in Russia. The peculiarity of labour disputes in Russia is that they seldom start with great financial demands from employees. They are more about the status of the organisation, its reputation and similar issues. However, practice shows that given the length and formality of litigation, financial claims, originally insignificant, can turn into fairly large claims, over time...

Tax and Employee Benefits Reform: House Committee on Ways and Means Submits Proposals
Dinsmore & Shohl LLP, September 2021

On Sept. 13, 2021, the House Committee on Ways and Means released the remainder of its numerous tax reform proposals. The proposals will be subject to continued negotiations and are not law. But, the proposals are an indication of what may be coming soon...

Buchalter COVID-19 Client Alert: COVID-19 Infection May Be an OSHA Recordable Work-Related Illness
Buchalter, September 2021

September 16, 2021 By: John Epperson The COVID-19 pandemic will likely to be a concern and challenge for employers for longer than anyone had hoped or anticipated. As businesses adjust to what seems to be a “new normal” it is worth a reminder that COVID-19 infection can be a recordable illness on an employer’s Occupational Safety & Health Administration (“OSHA”) 300 Injury and Illness Log. OSHA’s recording criteria under 29 CFR 1904...

Changes to the Notifiable Events Regime
Shoosmiths LLP, September 2021

The government is consulting on much anticipated draft regulations fleshing out the details of the new notifiable event requirements introduced by the Pension Schemes Act 2021...

Teacher Fairly Dismissed for Safeguarding Concerns Despite Lack of Evidence
Shoosmiths LLP, September 2021

Employment cases involving teachers can involve particularly nuanced considerations for schools. It is not easy to balance safeguarding duties with employment law obligations. We look at a recent case which highlights this very issue. The welfare and safety of children is at the heart of every educational establishment’s ethos, but balancing safeguarding duties with the legal rights of teachers can present difficulties...

Pension Awareness Week 2021: Your Guide to Pensions on Divorce and Dissolution
Shoosmiths LLP, September 2021

Pensions form part of the assets that can be distributed between a couple on divorce/dissolution. This guide will provide you with an overview of what you need to know about pensions if you are separating or getting divorced. What pensions can be shared? Defined benefit/final salary schemes (for example public sector schemes) Defined contribution/money purchase schemes (for example personal pensions, SIPPS and some occupational schemes) Additional state pension...

U.S. Ninth Circuit Court of Appeals Upholds AB 51 Barring Arbitration Provisions in Employment Contracts
Dykema, September 2021

Today, the Ninth Circuit upheld California’s new law (AB 51) barring arbitration provisions in employment contracts.The U.S. Chamber of Commerce and other organizations challenged the law in federal court. The district court enjoined the law, ruling that it conflicts with the Federal Arbitration Act. A divided Ninth Circuit panel reversed. Judge Lucero, a Tenth Circuit judge sitting by designation, wrote the majority opinion (joined by Judge Fletcher). Judge Ikuta dissented...

End of the Coronavirus Job Retention Scheme – Considerations for Employers
Shepherd and Wedderburn LLP, September 2021

Covering employee wages since 1 March 2020, the Coronavirus Job Retention Scheme ("furlough") is set to end on 30 September 2021, with a deadline for final claims to be made by 14 October 2021. Employers still using the scheme should be engaging with employees about its end, and may now need to make some tough decisions that have been postponed while furlough continued...

Carey Olsen Starting Point Employment Law Guide – Jersey Employment Law
Carey Olsen, September 2021

Introduction to Jersey Jersey is the largest of the Channel Islands and is a British Crown dependency. It has its own financial legal and judicial systems. It is not part of the UK or of the European Union (although it has close relationships with both)...

 

 

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